Safety and Health Reporter

Finding Corporate Culprits
Brien Roche

Sometimes identifying the correct defendant is a difficult task.  That defendant may be a corporation.  It may be an LLC.  It may be a partnership  or a sole proprietorship that trades under a trade name.  It may …

Sureties and Guarantees

Brien Roche
Sureties and Guarantees:  Primary and Secondary
A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor.  The surety undertakes directly for the payment.  The surety is …

Unconscionability

Brien Roche
Unconscionability is a concept that applies mostly in contract matters.  However it can have some application to tort issues.
The basic concept is that the agreement or result is so unfair that it cannot be allowed to stand.  
Unconscionability-Criteria
A …

Economic Testimony
Brien Roche

Frequently in an injury case or death case, economic testimony is necessary.  That testimony may come from a CPA.  It may come from an economist.

There are several ways to approach their calculations.  
Economic Testimony – Factors
The first …

Expert Witness Financial Data

Brien Roche
Getting financial data on an expert witness to show a substantial relationship with a party is important.  That substantial relationship may be with an insurance carrier.  It may be with the opposing attorney.  …

Testimony of Treating Doctors

Brien RocheCalling a plaintiff’s treating physician as a witness can be a problem.  Under Virginia Code § 8.01-399 the doctor may be limited to testifying to what is in the treatment record.  
That problem is then …

John Doe Actions

Brien Roche
John Doe actions in Virginia are normally limited to uninsured motorist (UM) cases.  That is, if the at-fault motorist does not stop at the scene and therefore is not identified, then your suit may be …

Reasonableness of Medical Bills

Brien Roche
In a Virginia personal injury action, there may arise issues of the reasonableness of medical bills.  Sometimes what the defense will do is to challenge reasonableness on the grounds that the bills are too …

Med Pay-PIP Coverage

Brien Roche
In the tri-state area that we live in, Med Pay/PIP coverage is confusing.  Med Pay stands for medical payments coverage.  More precisely as that term is used in Virginia, it is medical expense benefits coverage.  …

Pleading Admissibility
Brien Roche

On occasion there arises an issue of the admissibility of pleadings.  Virginia Code § 8.01-381 says that no pleading is to be carried from the courtroom by the jury.  That means that a copy of the …

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